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HomeMy WebLinkAbout95-36 - Concerning Litigation Challenging Measure ARESOLUTION NO. 95-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING LITIGATION CHALLENGING MEASURE A. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE MIM41 WOTAV3 1. WHEREAS, Measure A was enacted by the voters of Orange County on November 8, 1994, and the Orange County General Plan was amended as provided in Measure A, attached hereto as Exhibit A and incorporated herein; and 2. WHEREAS, certain Orange County cities have publicly announced their intention to commence litigation to challenge Measure A; and 3. WHEREAS, the Citizens for Jobs and the Economy have requested that the City of Costa Mesa join with them in the litigation, if commenced, to defend Measure A as an intervenor at no cost to the City unless City Council chooses to financially participate; and 4. WHEREAS, the City Council finds that the adoption of this resolution does not authorize the expenditure of public funds for the litigation regarding Measure A; and 5. WHEREAS, the City Council finds that the establishment of a regional civil airport at El Toro Marine Corps Air Station is in the interests of the City; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City of Costa -Mesa supports the will of the voters regarding Measure A, and encourages defense of Measure A, if challenged, without cost to the City; and 2. The City Attorney is directed to monitor the defense of Measure A, if challenged, and report back to the City Council once litigation has commenced. PASSED AND ADOPTED this 1 st day of May, 1995. ATTEST: Deputy City Cl of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) MaW of the City of Costa Mesa OVED A RS TO FORM-,� CITY ATTORNEY I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 95-36 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 1st day of May, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2nd day of May, 1995. Deputy C(ft Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" ORANGE COUNTY/EL TORO ECONOMIC STIMULUS INITIATIVE To the Honorable Clerk of the County of Orange: We, the undersigned, registered and qualified voters of Orange County, hereby propose an initiative measure to amend the Orange County General Plan. We petition you to submit this measure to the Board of Supervisors for its adoption without change, or for rejection and submission of the measure to the voters of Orange County at a general. or special election. The measure provides as follows: ORANGE COUNTY/EL TORO ECONOMIC STIMULUS INITIATIVE The people of the County of Orange hereby ordain as follows: Section One -- Purpose and Findings. A. Purpose. This initiative recognizes that the highest and best civilian use for the E1 Toro Marine Corps Air Station ("MCAS") is as a civilian airport providing a substantial portion of Orange County's air passenger and air cargo needs in conjunction with other activities compatible with such uses. B. Limited Airport Capacity. The Board of Supervisors has declared that. Orange County's only commercial airport is prevented by size and facility limitations from serving more than 8.4 million passengers per year and this limitation is reinforced by a federal court order. Orange County already sends. approximately four million passengers, and their tax dollars,:to airports outside the County each year and this number is expected.to grow significantly. This airport capacity shortfall stifles economic development in Orange County. Co Jobs.. Convei�sion.of.E1 Toro MCAS to a civilian airport could . create., -more than 21, 000 -new jobs in .Orange,. -County and increase business. "revenues in the County by :more%than $1.7 billion. On a -regional basis, a civilian airport -would generate over 52,000 .new -jobs and .business revenues,-, of more than $4.3 billion. D. Tourism. Air�.travel accounts for the largest share of travel and tourism expenditures in California. The lack of adequate airport capacity in Orange County diverts these expenditures to areas outside the County. Establishment of a civilian airport at the E1 Toro MCAS will allow the: county to take full advantage of its tourism -related industries, including the planned expansion of Disneyland. E. A Clean Environment. An E1 Toro airport would save Orange County commuters one million miles per day in trips to Los Page 1 Angeles International and Ontario airports. This will result in cleaner air, less freeway congestion, and a savings of at least two hours of driving time for E1 Toro air passengers. Because civilian aircraft produce less noise than military aircraft, an E1 Toro airport would reduce overall noise levels in the surrounding communities. F. Fairness. E1 Toro MCAS is a countywide resource. An ill- conceived reuse policy will hurt residents and businesses throughout the County. Immediate action to develop a new airport, in contrast, will lead to jobs and other economic benefits throughout the County. Reuse affects us all. We all must be involved. G. Regional Benefits. The California Commission on Aviation and Airports has found that Orange County, "by not meeting the needs of its own citizens, is forcing other jurisdictions to meet the needs of Orange County residents.,, The Southern California Association of Governments, the Southern California Regional Airport Authority, the Orange County Cities Airport Authority, and the Federal Aviation Administration have all recognized the potential of E1 Toro MCAS to accommodate commercial aviation without adversely affecting the quality of life of South Orange County residents. H. Transportation Rub. Access to E1 Toro MCAS is provided by five existing or planned freeways, tollways, and transportation corridors, a planned monorail line, and by the adjoining Amtrak railroad. E1 Toro MCAS itself provides additional infrastructure in the form of runways and related facilities that can accommodate a wide range of commercial aircraft. Land uses surrounding the E1 Toro MCAS are compatible with its use as a civilian airport. I. General Plan Amendment. This initiative amends the Orange County General Plan to provide that certain unincorporated lands.within.the E1 Toro MCAS shall be used for a publicly or.,privately owned and operated airport serving* -a substantial -.portion -of the. County Is passenger and cargo air transportation=needs. The General Plan amendment establishes a framework for reuse. planning- based -upon the fundamental principle that the impacts and benefits of -closure and reuse will be felt throughout the County. This initiative does not.affect the ability of the County to establish.or approve an airport at any other location in the County. J. Airport Environs Land Use Plan. The Orange County Airport Environs Land Use Plan has as its central objective protecting the public from the adverse effects of aircraft noise, ensuring that people and facilities are not concentrated in areas susceptible to aircraft accidents, and ensuring that no structures or activities adversely affect navigable airspace. This initiative maintains consistency Page 2 between the Orange County General Plan and the Orange County Airport Environs Land Use Plan by establishing policies and procedures to require that E1 Toro MCAS lands in the vicinity of a civilian airport established at the E1 Toro MCAS be developed for uses and activities which are compatible with civilian airport uses at E1 Toro MCAS. K. Economic Development. As demonstrated with John Wayne Airport, civilian use of El Toro MCAS would result in less impacts and restrictions on economic development and quality of life of the surrounding areas than continued military use, and would stimulate expanded economic development of those areas. L. Federal and State Airport Policy. This initiative establishes only land use policies for Orange County as the local agency having land use authority with respect to airport siting at the E1 Toro MCAS. This initiative has no effect on the authority of federal and state agencies to regulate airport development in accordance with other applicable laws and regulations, except insofar as such other laws may rely upon local land use policy. M. Flexibility. Initiative measures, once adopted, may generally be amended only by a vote of the people. In recognition of.the complexity of the airport siting and development process, however, this initiative may be amended by the Board of Supervisors based on the recommendation of the E1 Toro Airport Citizens Advisory Commission, a final federal or state agency decision denying airport use, or under other specified circumstances. The initiative may also. be amended at any time by a vote of the people. N. No.Effect on City Lands. Nothing in this initiative imposes any land use restriction or other limitation on lands within .the incorporated area of any city. Section -Two -- General-Plan-Amendment.- The eneral.Plan•Amendment._ The County of orange -General Plan (also known as "Component II of the County of orange Advance Planning Program") as adopted June --9,, 1982 and amended through March 11 1994 (hereinafter "Orange County General Plan"), is hereby amended as follows: A. E1 Toro MCAS General Plan Policy Adoption. In order to establish clear policies to guide land use decisions regarding the lands included in the E1 Toro MCAS, the Land Use Element and the Public Services and Facilities Element of the Orange County General Plan are hereby amended as follows: 1. Land Use Element: Public Facilities Land Use Page 3 Designation Policies. Insert the following text and policies regarding the "Public Facilities" land use category in the Land Use Element following the last paragraph on page LU -3-7: This category includes the El Toro Marine Corps Air Station ("El Toro MCAS") which Congress, in September, 1993, approved for closure pursuant to the Defense Base Closure and Realignment Act of 1990. Closure is to be completed by mid -1999. The following policies establish a framework for the reuse planning process and for land use decisions following closure of the E1 Toro MCAS. Policy PF -1 -- civilian Airport use: In light of its current use as a military airport supporting operation of aircraft of varying -sizes and weights, the El Toro MCAS presents an opportunity to develop an additional airport in the County to respond to the need for increased airport capacity identified in the Public Services and Facilities Element of the Orange County General Plan. Policy PF -2 .-- Planning Area Designation: All unincorporated land which was a part of the E1 Toro MCAS on March. 1, 1994 and which lies within the area bounded by Irvine Boulevard to the northeast, Alton Parkway and the city limits of the City of Irvine to the southeast, the Atchison, Topeka and Santa Fe Railroad to the southwest, and Sand. Canyon Avenue to the northwest, shall retain the "Public Facilities" designation and shall be referred to more specifically hereinafter as "the El Toro Airport Planning Area." Map 3-1 illustrates the general boundaries of the El Toro Airport Planning Area. Those unincorporated lands within the. -El Toro MCAS on March 1, 1994 and not included in the E1 Toro Airport Planning Area may be redesignated. Any redesignation or land use authorizations for E1 Toro MCAS lands outside the El Toro Airport Planning Area shall be approved only upon a finding by the Board of Supervisors thatthe uses authorized are compatible with the use of lands within the El Toro* Afrport "Planning Area for airport purposes consistent with policy PF -4. Policy PF -3 -- Revenue Sharing: Because the E1 Toro MCAS is a countywide resource, its closure and reuse will have effects throughout the County. The reuse process for the E1 Toro MCAS may lead to the generation of non -tax County revenues which are not necessary or legally required to be used for airport purposes, or otherwise lawfully dedicated to specific purposes. The County shall Page 4 consider expenditure of such funds for needed infrastructure to support airport operations and adjacent economic development, and throughout the County to mitigate the impacts of base closure or reuse, with preference for jurisdictions adjoining the E1 Toro MCAS. Policy PF -4 -- Airport Land Uses: To the maximum extent feasible consistent with federal and state law, all land uses in the E1 Toro Airport Planning Area shall comply with the following policies: PF -4.1: Civilian Airport Policy. Lands within the E1 Toro Airport Planning Area shall be used for airport purposes to serve a substantial portion of the County's air transportation needs, including air carrier transportation of both passengers and cargo. PF -4.2: Interim Joint Use Policy. Pending closure of the E1 Toro MCAS and to the extent authorized under state and federal law, lands within the E1 Toro Airport Planning Area should be used jointly by military aircraft and commercial air cargo aircraft. The County shall work with E1 Toro MCAS to develop a joint use plan and seek approval for joint use operations as soon as possible. PF -4.3: Air Cargo Policy. Upon establishment of a civilian airport at El Toro MCAS, the County's air cargo service needs should be met within the E1 Toro Airport Planning Area. Policy PF --!S -- Public Participation: The E1 Toro Airport Planning Area is a countywide resource. To ensure proper consideration of the concerns of all County residents, there is hereby created an El Toro Airport Citizens Advisory Commission with the membership and responsibilities described below. PF -5.1: Membership and organization. The E1 Toro Airport Citizens Advisory Commission shall have thirteen members. Two members shall be appointed by the Board of Supervisors. Five members, one from each Supervisorial District, shall be appointed by the Orange County League of Cities City Selection Committee ("City Selection Committee"). Six Page 5 members shall be appointed jointly by the members appointed by the Board of Supervisors and the City Selection Committee and shall include two aviation experts, at least one of whom shall be from the air carrier industry; two representatives of established community groups concerned with airport issues; one representative of the County business community; and one representative from an established labor organization. All members shall have terms of four years; provided, however, that the thirteen members first appointed to the El Toro Airport Citizens Advisory Commission shall draw lots to select six members who shall serve initial terms of two years. No member shall serve more than two four- year terms. The first members appointed by the Board of Supervisors and the City Selection Committee shall be appointed no later than March 15, 1995. The first members appointed jointly by the members appointed Board of Supervisors and the City Selection Committee shall be appointed no later than May 15, 1995. All vacancies shall be filled within three months. The E1 Toro Airport Citizens Advisory Commission may adopt bylaws and other rules of procedure not inconsistent with this policy. PF -5.2: Responsibilities. The E1 Toro Airport Citizens Advisory Commission shall (i), review all.draft plans and statements of policy prepared by or submitted to the County concerning land use within the E1 Toro Planning Area; and adjoining E1 Toro MCAS land; (ii) make recommendations regarding -such plans and policies to the County. Planning Commission and Board of Supervisors; (iii) work with E1 Toro MCAS, other federal agencies, -state and local government agencies and commissions, and the air cargo industry to facilitate and promote joint use of E1 Toro MCAS by -the military and commercial air cargo carriers prior to closure of E1 Toro MCAS; (iv) work with federal and state government agencies and other local agencies and commissions in connection with the planning and development of an airport at E1 Toro; and (v) if requested by the Board of Page 6 Supervisors, prepare a study regarding adjustment of the boundaries of the E1 Toro Airport. Planning Area. Policy PF -6 -- Policy Amendments: The boundaries of the E1 Toro Airport Planning Area and the foregoing policies regarding land uses within the E1 Toro Airport Planning Area may be amended as follows: PF -6.1 Conformity with Federal or State Decisions. If a federal or state agency with lawful jurisdiction (i) imposes an airport approval condition requiring adjustment of the E1 Toro Planning Area boundary or (ii) makes a final determination denying an --approval required for establishment or operation of any airport within the E1 Toro Airport Planning Area, and that condition and determination is not challenged in a judicial proceeding within the applicable statute of limitations or, if challenged, is upheld in a final judgment, the Board of Supervisors may (i) amend the boundaries of the E1 Toro Airport Planning Area and the policies above to the extent necessary to conform to the federal or state agency approval condition; or (ii) if the federal or state agency determination precludes the operation of any airport within the E1 Toro Airport Planning Area, repeal Policies PF -1, PF - 2, PF -4, PF -5, and PF -6. PF -6.2: Recommendation of the Bl Toro Airport Citizens Advisory Commission. If, at the request. of the Board of Supervisors, the E1 Toro Airport Citizens Advisory Commission conducts a thorough evaluation of the -boundaries of the El _ Toro Airport Planning Area and determines that certain -lands within the E1 Toro Airport Planning Area are not necessary for operation of a viable airport, the Board of Supervisors shall review the report of the Commission. If the Board of Supervisors concludes, based on its review of a final Commission -report recommending boundary adjustments and after at least one public hearing on the report, that some or all of the lands identified in the report for exclusion are not necessary Page 7 for operation of a viable airport, the Board of Supervisors may by a 4/5 vote amend the boundaries of the El Toro Airport Planning Area to exclude those lands that the Commission has found are not necessary for operation of a viable airport. Any boundary amendment report prepared by the E1 Toro Airport Citizens Advisory Commission or other County department shall be issued in draft form for public review and comment for not less than thirty days; all final reports shall include public comments and responses thereto. Public review and hearings pursuant to this policy may be conducted in conjunction with any review conducted pursuant to the California Environmental Quality Act. PF -6.3: Interference with Property Rights. It is the intention of the Orange County/E1 Toro Economic Stimulus Initiative that civilian air cargo and passenger use of El Toro MCAS shall cause less adverse impacts to adjoining private property owners and occupants than impacts imposed by military flight.operations. If, after challenge by an affected landowner, the Board of Supervisors finds that application of Policies PF -1 through PF -6 or any part thereof regarding reuse of the E1 Toro MCAS would constitute an unconstitutional taking of the landowner's property or would deprive the landowner of a vested right pursuant to state law, the Board ..of Supervisors may allow reasonable use of that landowner's property to the minimum extent necessary to satisfy constitutional obligations. PF -6.4 Countywide Election. The boundaries of the El Toro Planning Area and related general plan provisions -enacted by the Orange County/E1 Toro Economic Stimulus Initiative may be amended by a majority vote of those voting in any countywide election. Policy PF -7 -- Duration: Policies PF -1 through PF - 7 of this Land Use Element, Map 3-1 of this Land Use Element, and Policy "e" in Chapter 4, Part C of the Public Services and Facilities Element regarding the unincorporated lands included within the E1 Toro MCAS were adopted by the People of the Page 8 County of Orange by the Orange County/E1 Toro Economic Stimulus Initiative in furtherance of meeting the County's projected air transportation needs and promoting economic development. The General Plan may be reorganized, and individual provisions may be renumbered or reordered, in the course of ongoing updates of the General Plan in accord with the requirements of state law, but the provisions enumerated in this paragraph shall continue to be included in the General Plan until December 31, 2015, unless earlier repealed or amended pursuant to the procedures set forth above or by the voters of the County. 2. Land Use Element: Illustration of El Toro Airport Planning Area. Chapter 3 of the Land Use Element is hereby amended by inserting the figure presented as "Exhibit All to this initiative, which is hereby incorporated herein, into the Land Use Element as Map 3-1 immediately following the discussion of the Public Facilities" land use category. 3. Public Services and Facilities Element: El Toro Reuse Policy. Chapter 4, Part C of the Public Services and Facilities Element sets forth Goals, Objectives and Policies calling for development of public services and facilities .to meet the County's existing and future demand in a manner that is compatible with surrounding land uses and is hereby amended to add the following policy "e": e. Reuse of E1 Toro MCAS: To make maximum use of existing infrastructure investments, encourage and support a cooperative effort among all agencies towards development of an airport serving a substantial portion of the County'sair passenger and air cargo .transportation needs at the. El Toro MCAS. B. Conforming General Plan Amendments. In light of the federal government's 'recent base closure decisions and the General Plan amendments set forth above, the -Land Use Element, Noise Element, Public Services and Facilities Element, Safety Element, Recreation Element, and Resources Element of the Orange County General Plan are hereby amended as set forth below in order to correct and clarify General Plan provisions regarding existing conditions in Orange County and to promote internal consistency among the various elements of the General Plan. Text to be inserted into the General Plan is indicated in boldface type while text to be stricken is presented in stimikeou}; text in standard type currently appears in the General Plan. The language adopted in the following amendments may be further amended in a manner not inconsistent with the General Plan amendments Page 9 adopted by Section Two, Part A of this initiative in the course of future updates and revisions to the General Plan. 1. Land Use Element Amendments. a. The second and third paragraphs in the "Public Services and Facilities" discussion in the Land Use Element's Chapter 3, Part B (page LU -3-3) are hereby amended as follows: Pursuant to the Defense Base Closure and Realignment Act of 1990 and subsequent congressional action, both the E1 Toro Marine Corps Air Station r("MCAS") and the Tustin Helicopter Facility,- must be closed by mid - 1999. The Seal Beach Naval Weapons Station and Los Alamitos Reserve Air. Station will are expected to remain in Government ownership and use. until at least threugheut the period of these prejeetiens. We nen A regional airport faeili-tie5will builtdi3riiig The peri a of these � etie s r r- -� - facility is expected to be developed at the E1 Toro MCAS following its closure for military purposes. b. The first paragraph in the Land Use Element's Appendix C discussion of "Public Services and Facilities" in the Central Coast RSA (page LU -C-5) is hereby amended as follows: o John Wayne Airport.will remain as the r=_n^_r_= principal civilian airport in the County until an airport is established at the E1 Toro Marine Corps.Air station following cessation of military uses at that facility in.the'late 1990s. Thereafter, the two airports shall jointly serve the County's air transportation needs. c. The first paragraph in the Land Use Element's Appendix C discussion of "Public Services and Facilities" in the E1,Toro-RSA (page -LU -C-9) is hereby amended as follows: o E1 Toro Marine Corps Air Station and the Tustin Helicopter Facility will remain in government ownership and use dur- e p ied-ef these prejeetie _ until closed some time before mid -1999 pursuant to the Defense Base -Closure and Realignment Act of 1990. El Toro MCAS is expected to be converted to a civilian airport following closure. Page 10 2. Noise Element Amendments. a. The fourth paragraph in the Noise Element's Chapter 1, Part D discussion of the Noise Element's relationship to federal, state, and local agency plans and programs (page N-1-3) is hereby amended as follows: The Department of Defense (DOD) is important with respect to the Noise Element because it operates two facilities in Orange County, the Marine Corps Air Station (MCAS) at E1 Toro and the one at Tustin. These bases, especially MCAS, E1 Toro, have a very significant noise impact on surrounding areas. DOD sponsors a number of programs to attempt to minimize negative'impacts of each of the bases' operations. (DOD in conjunction with the State of California National Guard Bureau also operates an air installation at Los Alamitos. Noise effects from operations at Los Alamitos are not significant on unincorporated areas, however.) The El Toro MCAS and Tustin MCAS are to be closed by mid -1999. The E1 Toro MCAS may be converted to civilian airport uses which are expected to result in a decrease in overall noise levels. b. The last paragraph in the Noise Element's Chapter 1, Part D discussion of the Noise Element's relationship to federal, state, and local agency plans and -programs (page N-1-4) is hereby amended as follows:.- The ollows:. The County of..Orange has an additional role in that it is`the owner/operator of John Wayne Airport. -In this role, the County can influence the noise environment, although only insofar as'its actions are in accord with federal and state regulations. The County may play a similar role, subject to federal and state laws and regul"aticns, in connection with'a civilian airport developed at the El Toro MCAs. C. The first and second subparagraphs in the third paragraph in the Noise Element's Chapter 2, Part B, Section 3 discussion of County travel demand and the assumptions regarding the future of airports underlying Orange County General Plan policy projections (page N-2-13) are hereby amended as follows: Page 11 o John Wayne Airport will remain as the principal public carrier airport in the eeunty until such time as an airport is established at the El Toro Marine Corps Air station following cessation of military uses at that facility in the late 1990s. Thereafter, the two airports shall jointly serve the County's air transportation needs. o Marine Corps Air Station E1 Toro and Marine Corps Air Station (Helicopter) Tustin will remain in government ownership and use until -approximately mid -1999. The El Toro MCAS is expected to be converted from military to civilian use after closure. d. The fifth paragraph in the Noise Element's Chapter 2, Part D discussion of the characteristics of the existing noise environment (page N-2-16) is hereby amended as follows: Noise contours tend to be very broad estimates of sound levels. In actuality, contour lines float over a defined area. Therefore, the use of zones provides a better method than contour lines for reflecting the true varying nature of sound. However, in order to promote equitable and consistent noise/land use determinations, the policy implementation line has-been adopted around MCAS, E1 Toro. The lines correspond to the CNEL contours in effect at the time of their adoption (October 10, 1979). These contours were projected based on an assumption of 72,000 annual operations. That number reflects an increase over the actual 1979 level. 'Upon conversion of El Toro MCAS to civilian airport uses, the area within the 60 and 65 CNEL lines is expected to decline. nNevertheless, the policy implementation lines remain fixed as to location until modified by a Noise Element. Amendment. e. The last sentence in the third paragraph of the Noise Element's Chapter 3, Part.B analysis of future conditions (page N-3-1) is hereby amended as follows: It is also possible for the level of activity at Marine Corps Air Station, El Toro to Page 12 increase significantly, in response to changes in the world situation; however, this facility will be converted to civilian uses in the late 1990s and is expected to be used as an integral component of the Countyes air transportation infrastructure. A conversion to civilian airport uses is expected to result in a decrease in overall noise levels. f. Policy 2.4(a) in the Noise Element's Chapter 4, Part C (page N-4-7) regarding methods to reduce the noise impacts associated with air transportation is hereby amended as follows: 2.4 To require that prospective purchasers or end users of property -•be notified of overflight, sight and sound of routine aircraft operations by all effective means including: (a) Requiring new residential subdivisions which are located within the 60 -decibel CNEL noise contour or 3s are subject to overflight, sight and sound of aircraft operating from MCAS, El Toro (including any civilian airport at that site following its closure for military purposes) or John Wayne Airport to have such information included in the State of California Final Subdivision Public Report. =4. Public Services and -:-Facilities' Element Amendments. a. The seventh -paragraph in the Public Services and Facilities Zlement's Chapter 2, Part C, Section 5, Subsection b.(4) discussion of John Wayne Airport (page PSF-2=52) is hereby amended as follows: The pressure for increased capacity at John Wayne 'Airport to better serve the air transportation needs of the County's citizens has.been manifest, but it has been countered by pressures to relieve or curtail the environmental consequences of the airport's operation. Aircraft noise, aircraft related air pollution, traffic congestion, parking congestion, and incompatible adjacent land uses have long been issues of concern. The closure of the El Toro Marine Civil Air Station ("El Toro MCAS") in the late 1990s Page 13 provides the only opportunity to develop a facility to better serve the air transportation needs of the County's citizens. Thus, in the long term the E1 Toro MCAS may be converted to civilian use as a publicly or privately owned and operated airport providing both passenger and cargo services. In the short term, the El Toro Airport citizens Advisory Commission and the Board of supervisors are working to promote joint military and civilian use of the El Toro MCAs to allow commercial air cargo. Solutions, or potential solutions, to this preblem the remaining problems are currently being studied under the guidance of the Board of Supervisors. b. The Public Services and Facilities Element's Chapter 2, Part C, Section 5, Subsection c.(3) discussion of future prospects for air transportation in the County transportation system (page PSF-2-57) is hereby amended as follows: The future of air system service in Orange County is under study. may benefit significantly from closure of the El Toro MCAS. Reuse of that facility would help resolve the environmental and demand/capacity 3-s-- =s-net--ates yet L-eselved te ..w.. isa sf-aetien efthese-invel:-edWhether the number offits wi.11 b e i #! =eases , the physieal- plant -altered, er ether pr epee � aet-iens-initiated, will , be-deeided by the problems present at the John Rayne Airport. c. The Public. Services and Facilities Element's Chapter 3, Part C, Section 1 discussion regarding environmental opportunities (page PSF-3-3) is hereby -amended as.follows: J. The -amount of undeveloped land in Orange County, particularly in the unincorporated _area, can provide unique opportunities to consider and address public service facilities concerns through innovative land use planning. Portions of undeveloped Orange County may be ideal sites for certain public facilities because they are sparsely populated, are within County unincorporated areas and yet are within service distance of those communities with service needs. For example, the El Toro MCAS, when converted to civilian use in the late 1990'x, will provide an ideal site for an additional airport due Page 14 to its existing use as an airport, compatibility with surrounding land uses, and accessibility via major transportation corridors. d. The third paragraph in the Public Services and Facilities Element's Chapter 9, Part A overview of the County's transportation system plan (page PSF- 9-1) is hereby amended as follows: The analysis in Chapter Two, Transportation System, underscores the fact that serious deficiencies exist in Orange County's transportation system. The state freeway system and the arterial highways system do not have sufficient capacity, due to inadequate capital investments, to accommodate the anticipated heavy demand caused by projected population and employment growth. Transit as an alternative is not expected to alter significantly the present use of the automobile as the primary mode of travel. The capacity shortfalls associated with air facilities will also continue, with much of Orange County's air travel demands being met outside the County. The County's air capacity shortfall can be addressed through conversion of the E1 Toro Marine Corps Air Station from military use to use as a civilian airport. 3. Safety Element Amendments. a. The Safety Element's Chapter 2, Part C, Section 4, Subsection b.(1) discussion of commercial aviation's role in Orange County's existing aircraft environment (page SAF -2-51) is hereby amended as follows: John Wayne Airport (JWA) is the only commercial service airport in Orange County. It is served by nine commercial air carriers and five commuter airlines. In 1986, 4 million passengers used the airport. It is estimated that the current level of demand for service exceeds 7.0 million persons; however, the Airline Access Plan limits the maximum number of passengers through John Wayne Airport. Those passengers not served at John Wayne obtain air service from airports outside the County. Estimates for the year 2000 indicate that almost 20.0 million total passengers will be generated by the population of the County; however, 8.4 million annual passengers is the maximum Page 15 number of passengers. From January 1986 to December 1986, over 550,000 airplanes -large and small - landed at or left John Wayne; this is an average of 1,500 planes a day. Additional airport capacity within the County is expected to be provided by conversion of the E1 Toro Marine Corps Air Station to a civilian airport in the late 1990s. b. The first paragraph in the Safety Element's Chapter 2, Part C, Section 4, Subsection b.(2) discussion of general aviation's role in Orange County's existing aircraft environment (page SAF - 2 -53) is hereby amended as follows: John Wayne Airport serves as the home base for approximately 1,000 personal and business ("general aviation") aircraft. During calendar year 1986 there were approximately 5,000 business jet departures. Within Orange County there are more than 2,600 aircraft registered to personal and corporate owners; yet, there are only two other airports for these types of aircraft within the County besides JWA--Fullerton Municipal, with 590 based aircraft, and the privately owned Meadowlark Airport in Huntington Beach with approximately 300 aircraft. All other private aircraft flying to or through Orange County are home based at airports outside Orange County. An additional general aviation facility in the County may be developed at the E1 Toro Marine Corps Air Station following cessation of military uses at that facility in the late 1990s. C. The first paragraph in the.Safety Element's Chapter 2, Part C, Section 4, Subsection b.(3) discussion of military aviation's role in Orange County's existing aircraft environment (page SAF - 2 -54) is hereby amended as follows: Marine Corps Air Station (MCAS) E1 Toro is one of two active Marine Corps master jet air stations in the U.S. and the only one located on the west coast. The installation is located in south central Orange County, 10 miles east of the City of Santa Ana and eight miles north of the Pacific Ocean. The federal government, pursuant to the Defense Base Closure and Realignment Act of 1990, has declared that E1 Toro MCAS will be closed as a military facility by mid -1999. A civilian airport may be developed at the El Toro MCAS site following its closure as a military Page 16 facility. 5. Recreation Element Amendments. a. Item 4 in the Recreation Element's Chapter 4, Appendix 1 discussion of proposed recreation facilities (page REC-4-26) is hereby amended as follows: 4. E1.Toro M.C.A.S. Designation should be maintained for long-term planning options in the event that reuse as an airport is not feasible. 6. Resources Element Amendments. a. Item 11 in.the Resources Element's Chapter 7, Part D discussion of air resources implementation programs (page RES -7-12) is hereby amended as follows: 11. Indirect Source: Airport Ground Access (9)_ a. Action: Continue to encourage implementation of measures which seek to reduce congestion around airports. b. Discussion: This measure seeks to reduce congestion around airports by encouraging travelers to rideshare or use transit, e:nd by improving airport physical features to accommodate this, and by increasing the number of airports available to Orange county residents. In the John Wayne Airport Expansion, trip reduction methods were examined, with the result that they committed to increasing passenger load factors. Page 17 Section Three -- Implementation. A. Effective Date. Upon the effective date of this initiative, the amendments made in section two -of this initiative are hereby inserted into the Orange County General Plan as amendments thereof; provided, however, that if the four amendments permitted by state law for any given calendar year have already been utilized prior to the effective date of this initiative, the General Plan amendment shall be the first inserted into the Orange County.. General Plan on January 1 of the following year. B. Interim Amendments. The Orange County General Plan in effect March 1, 1994 at the time the Notice of Intention to propose this initiative measure was submitted to the orange County Clerk, and that plan as amended by this initiative measure comprise an integrated, internally consistent and compatible statement of policies for the County. In order to ensure that the Orange County General Plan remains an integrated, internally consistent and compatible statement of policies for the County, the General Plan provisions adopted by section two of this initiative shall prevail over any revisions to the Orange County General Plan which conflict with said General Plan amendment and were adopted between March 1, 1994 and the date the amendments adopted by this initiative measure were inserted into the General Plan. Section Four -- Severability._ If any portion of this initiative is declared invalid by a court, the remaining portions are to be considered valid. Section Five -- Duration. This initiative shall remain in effect until December 31, 2015, unless earlier amended or repealed by its terms or a vote of the people. Page 18 "Exhibit A" to tbo Orange County Economic Stimulus Inidadvo MAP 3-1: ILLUSTRATIVE DEPICTION OF THE EL TORO AIRPORT PLANNING AREA El Toro Airport MCAS El Toro Bound Planning' Area Irvine 131vd. y Q 5 t. U ; � NI USSION VIEJO Q toll TA FOREST 3 � 405 5 San Diego F"`ry' / o ' IRVINE La sa I AGUNA HILLS Nwth �a MCAS El Toro Boundary MCAS El Toro El Taro Airport Planning Area